Shipton v. Norrid
Supreme Court of Colorado
Error to Probate Court, Arapahoe County. The plaintiffs brought replevin to recover a melodeon, describing themselves in the writ and declaration as “Trustees of the Colored Zion Baptist Church of Denver.” A general demurrer to the declaration was sustained in the court below.
1Opinion of the CourtWells, J.
The court erred in sustaining the demurrer to the plaintiffs’ declaration. If the goods in controversy were the goods of the plaintiffs, and the defendant took them, both which facts are distinctly averred, the plaintiffs may maintain this action, whether their title is an absolute or fiduciary one, or whether, if fiduciary, their cestui que trust is a corporation or a mere voluntary association.
There may exist a trust in chattels as well as in real estate; and if such trust be created for the benefit of a single individual or a corporation, or an association of persons not incorporated, the…
2Cited by3 opinions
- Illinois Sewing Machine Co. v. HarrisonSupreme Court of Colorado · 1908
- Messenger v. NorthcuttSupreme Court of Colorado · 1899
- Blackmer v. BlackmerSupreme Court of Colorado · 1930